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Home My WebLink AboutPC RES 4296RESOLUTION NO. 4296 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE CODE AMENDMENT 2015-003 (ORDINANCE NO. 1462) AMENDING AND RESTATING PART 6 OF CHAPTER 6 OF ARTICLE 3 OF THE TUSTIN CITY CODE, AND AMENDING PARTS 3, 6 AND 9 OF CHAPTER 2 OF ARTICLE 9 OF THE TUSTIN CITY CODE RELATING TO THE REGULATION OF MASSAGE ESTABLISHMENTS. The Planning Commission of the City of Tustin does hereby resolve as follows: SECTION I. Findings. The Planning Commission finds and determines as follows: A. The City is authorized to regulate massage and massage establishments pursuant to California Business and Professions Code Sections 460(c), 4612(b) and 16000, California Government Code Section 51030 et seq., and Section 7 of Article XI of the California Constitution. B. In 2008, the state legislature adopted Senate Bill 731 ("SB 731"), Section 4600 et seq. of the Business and Professions Code, relating to voluntary statewide certification of massage practitioners and therapists, and restricting local control of massage establishments. C. SB 731 precluded cities from imposing local licensing and regulatory requirements on massage establishments that utilized state -certified massage therapists and practitioners exclusively. D. SB 731 mandated that any zoning requirements applicable to massage establishments, "shall be no different than the requirements that are uniformly applied to all other individuals and businesses providing professional services." E. Prior to the enactment of SB 731, massage establishments were permitted to be located within the Retail Commercial District (Cl), Central Commercial District (C2), Heavy Commercial District (C3), and Commercial General District (CG) (collectively, the City's "Commercial Zones") only upon the issuance of a Conditional Use Permit. F. Prior to the enactment of SB 731, massage establishments were prohibited in the Professional District (Pr). G. Following the enactment of SB 731, and consistent with the Bill's mandate, the City amended its Land Use Code (Article 9 of the Tustin City Code) to 1112180.1 Resolution No. 4296 Page 2 permit massage establishments to be located within the City's Commercial Zones and the Professional District by right, and without need for a Conditional Use Permit. H. Since the enactment of SB 731 the City has experienced a proliferation of massage establishments. Whereas eleven (11) massage establishments were located within the City in 2008, there are presently forty-one (41) licensed massage establishments in the City. The enactment of SB 731 has had as an unintended consequence the proliferation of illicit massage establishments that are fronts for prostitution and may also be involved in human trafficking. J. Numerous massage establishments located within the City commonly advertise their services on adult -only websites using suggestive language and provocative photographs of scantily -clad women. K. Numerous massage establishments located within the City generate reviews on websites -where patrons can post reviews and information regarding the sexual services provided at these establishments. L. On September 18, 2014, the Governor of California signed Assembly Bill 1147, also referred to as the "Massage Therapy Act," which restores local land use authority over massage establishments by removing SB 731's broad state preemption of local massage ordinances and gives local governments greater authority to establish reasonable regulations to manage massage establishments in the best interests of the individual community, subject to specific limitations. M. The City seeks to conform its massage regulations to the requirements of the Massage Therapy Act and to regulate the business of massage to the extent authorized by the Massage Therapy Act. N. The permit requirements and restrictions imposed by Code Amendment 2015-003 are reasonably necessary to protect the health, safety and welfare of citizens of the City. O. If adopted, the proposed amendment and restatement of Part 6 (Massage Establishments) of Chapter 6 of Article 3 of the Tustin City Code will regulate the business of massage through business licensing requirements to the extent authorized by the Massage Therapy Act. The proposed amendments to the City's Land Use Code would (1) update the references, and definitions applicable to massage establishments, (2) prohibit the location of new massage establishments within the Professional District, and (3) require a Conditional Use Permit for the establishment of any new chiropractic office in the Professional District, t where massage services are provided as an accessory use by anyone 1112180.1 Resolution No. 4296 Page 3 other than a state -licensed chiropractor or other exempted professional, as specified. P. Code Amendment 2015-003 (Ordinance No. 1462) has been prepared for Planning Commission consideration and, upon the Planning Commission's supportive recommendation, for adoption by the Tustin City Council. Q. That on September 10, 2015, the City gave public notice of the holding of a public hearing at which Code Amendment 2015-003 would be considered by publishing in a newspaper of general circulation, and by posting a notice at City Hall. R. That the City of Tustin Planning Commission held a duly noticed public hearing on Code Amendment 2015-003 on September 22, 2015. SECTION 11. The Planning Commission hereby recommends that the Tustin City Council adopt Ordinance No. 1462 (Code Amendment 2015-003) relating to the regulation of massage establishments, attached hereto as Exhibit A. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 22nd day of September, 2015. 1(� JEWIF W THo ,94psoM Chairperson ELIZABETH A. BINSACK Planning Commission Secretary 1112180.1 Resolution No. 4296 Page 4 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN 1, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning Commission Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 4296 duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 22nd day of September, 2015. PLANNING COMMISSIONER AYES: PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: ELIZABETH A. BINACK Planning Commission Secretary 1112180.1 Altowaiii, Kozak, Lumbard, Smith, Thompson (5)